Order dated September 23, 2004, re: Standards for the Administration of Juvenile Justice

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Official Court Seal

Supreme Court of Missouri
en banc

September 23, 2004

ORDER

1.  The attached Standards for the Administration of Juvenile Justice are hereby approved for distribution. They supercede any previous standards approved by the Court.  This Court encourages all Missouri trial courts to review these standards.

2.  The office of state courts administrator shall distribute a copy of this order and the attachment to each presiding circuit judge, each juvenile officer, and such other persons as may be appropriate.

Day - to - Day

____________________________________
RONNIE L. WHITE
Chief Justice



REVISED MISSOURI STANDARDS FOR THE
ADMINISTRATION OF JUVENILE JUSTICE






I. Access to Juvenile Justice Services

Every effort should be made to create opportunities for effective and meaningful participation in the justice process without undue inconvenience or hardship.

A.  Availability of services B.  Equal access
1. Disabled persons should be provided access to parking, facility entrances, offices, waiting rooms, interview areas, and other areas in which juvenile office business is conducted.
2. Interpreters should be made available for persons who are hard of hearing, speech-impaired, visually impaired, whose primary language is other than English, and/or who are unable to read.
C.  Courtesy, respect, and sensitivity Performance indicators
§ Users perceive the juvenile office as accessible and culturally sensitive.
§ Satisfactory level of participation by participants (witnesses, victims).
§ Staff perceives juvenile office as accessible and culturally sensitive.
§ Low number of complaints received by the juvenile office related to inaccessibility and cultural insensitivity.

Potential measurement methods
§ Systematic observations using trained observers.
§ Surveys of users and staff.
§ Focus groups of users and staff.
§ Structured interviews with users and staff.
§ Review of written and verbal complaints received.

The juvenile office is a public institution designed to dispense justice and provide services to the children and families that appear before it. Accessibility is vital to public trust and confidence. When the juvenile justice system is accessible, victims, witnesses, and families required to participate in it are more willing to take an active role. "Participants" in child abuse and neglect is a term broader than just victims and witnesses and includes parents, foster parents, child service agency representatives, treatment providers, and others. Juvenile justice proceedings seem less remote and confusing to the public. This standard also seeks to ensure that there are effective avenues of participation for persons of all races, colors, and creeds, and those who are disabled and with alternative lifestyles.

It is recognized that Missouri juvenile justice agencies must operate under certain parameters as a result of Missouri statutes and Supreme Court rules governing confidentiality. Some official proceedings are still of a non-public nature.


II. Independence and Integrity

Institutional independence and integrity are of paramount importance. Juvenile justice professionals should be free from undue influence from other components of government or other entities.

A.  Juvenile office recommendations should be based on legally relevant factors. Individual attention should be given to each child’s case.
B.  Clarity is a prerequisite for both compliance and monitoring. All documents prepared by the juvenile office should be clearly worded and easily understood by all parties.
C.  Personnel are responsible for monitoring and enforcing court dispositions and orders.

Performance indicators
§ Effective monitoring and enforcement of orders.
§ Perception of the fairness of recommendations by families, parties, and other community members.
§ Consistency in decisions across like cases.

Potential measurement methods

§ Surveys of families, staff, and other community members.
§ Record reviews (reflecting court order follow-through).
§ Record reviews (reflecting case outcomes).
§ Focus groups with families, staff, and other community members.
§ Structured interviews with families, staff, and other community members.

With this standard, a clear and unequivocal statement is made regarding responsibility for decisions and actions. This standard reflects the ideal of justice in two ways: through making a statement in regard to independence from undue influence and by affirming that legally relevant factors shall serve as the basis for recommendations made. It further emphasizes the importance of issuing decisions that are enforceable and ensuring that orders are enforced.


III. Timeliness and Responsiveness

Policies should be in place to ensure that case processing and other juvenile office practices are conducted in a timely manner. Compliance with time standards encouraging efficiency and responsiveness should be established and monitored.

A. Referrals from other courts or entities, and requests for courtesy supervision 1. Requests for information or services from other courts, agencies, families, and members of the public will be responded to in a timely manner and in accordance with statutory provisions of confidentiality.
2. Any written non-emergency referrals and other requests for services should be date stamped “received” and acknowledged within five business days of receipt.
B. Requests for information or services C. Timely monitoring and enforcement of court orders Performance indicators
§ Efficient case processing.
§ Reduced case backlog.
§ Users perceive actions as timely and responsive.

Potential measurement methods
§ Surveys of users and staff.
§ Focus groups with users and staff.
§ Structured interviews with users and staff.
§ Review of case files.

This standard is important because it reflects commitment to good business practices. More importantly, it reflects a commitment to public safety and protection of children, fairness, and due process. Delays in actions can have serious ramifications for the children and families that are served, for victims, and for the general community.


IV. Records

A. Juvenile file B. Maintenance of records
Performance indicators
§ File information is reliable, accurate, and relevant.

Potential measurement methods
§ Review of case files.
§ Surveys of file users.

A standard describing proper procedure for maintaining records underscores the importance of documenting juvenile justice processes.


V.  Victim and Family Rights

Victims should be recognized as persons with a legitimate interest in the justice system.

The child’s family members should be recognized as persons with a legitimate interest in the justice system and the welfare of the child. Juvenile justice professionals should treat family members with dignity and respect while focusing on the safety and well being of the child.

Performance indicators
§ Satisfactory level of family and victim participation in juvenile justice processes.
§ Families perceive juvenile office staff as respectful of their rights and responsive to their child’s needs.
§ Victims perceive juvenile office staff as responsive and respectful of their rights .
§ Victim advocates perceive juvenile office staff as respectful towards victim rights and responsive to victims.
§ Families and child advocates perceive juvenile office staff as respectful towards family rights and responsive to children and families.

Potential measurement methods
§ Systematic observations using trained observers.
§ Survey of family members and family advocates.
§ Record reviews (regarding victim participation).
§ Focus groups with family members and family advocates.
§ Focus groups with victim and victim advocates.
§ Structured interviews with family members and advocates.
§ Structured interviews with victims, family members, and advocates.
§ Number of contacts made with victims.
§ Number of contacts responded to by victims.

The victim and family rights standard addresses the role of the victim in the juvenile justice process and reflects themes of restorative justice. This standard explicitly recognizes that the victim has an important role in the justice process and a stake in its outcomes. It ensures that victims are not marginalized and their input is valued, and can help inform recommendations.

The standard explicitly recognizes that the family is valued and has an important role in the juvenile and family court division process.

VI.  Case Processing

Court referral and intake services should be available seven days a week, twenty-four hours a day.

A. Referral and intake a. The intake officer should make an initial and prompt determination of whether the referral is legally sufficient for the filing of a petition on the basis of the contents of the referral and intake investigation. In this regard, the officer should determine whether:
i. The facts as alleged are legally sufficient to establish the courts’ jurisdiction over the child;
ii. There is a clear statement of the acts alleged;
iii. There is competent and credible evidence sufficient to support the filing of a petition; andiv. All acts arising out of one referral are included in one petition. b. If the legal sufficiency of the referral is unclear, the officer should: c. If the officer determines that the facts as alleged are not sufficient to establish the court’s jurisdiction, the officer should dismiss/reject the referral or, where appropriate, forward the referral to the appropriate authority.
d. The intake disposition of the referral should be made within 30 calendar days from the “date” stamped received. a. Informal adjustment - Notice of informal adjustment shall be given to parties as required by Rule 113.02.
b. Summons and service of petitions and other pleadings - Notice shall be given to parties as required by Rules 115.01 to 115.04. h. In delinquency cases, an agreement should be signed signifying the child and custodian(s) accept the terms of the informal adjustment. This agreement should be maintained in the child’s file and a copy of the agreement should be provided to the child and custodian(s) upon signing.
i. In child abuse/neglect cases, an agreement or children's division safety plan should be signed signifying that the child’s parent, guardian, or legal custodian, the children's division worker (if appropriate), and the juvenile officer accept the terms of the informal adjustment conference. This agreement should be maintained in the child’s file and a copy of the agreement should be provided to the parent, guardian, or legal custodian and, when applicable, the children's division worker.

4. Formal case processing
a. Upon a decision to authorize temporary protective custody or detention, Supreme Court rules should be strictly adhered to (Rules 111.01 to 111.15).
b. Upon a decision to file a petition, the Supreme Court rules that govern formal case processing should be strictly adhered to (Rules 114.01 to 114.03).
c. During formal case processing, the officer shall conduct a risk assessment and classification of the child (section 211.141, RSMo) pursuant to the Missouri Juvenile Offender Risk & Needs Assessment Classification System in delinquency cases.
Performance indicators
§ Consistent case recommendations across like cases.
§ Efficient use of services.
§ Identified areas of service needs are met.
§ Identified time standards are being met.

Potential measurement methods
§ Review/comparison of case recommendations across like cases.
§ Surveys of service providers (regarding appropriateness of referrals).
§ Review of case outcomes across like cases.
§ Surveys/structured interviews with child and parents/guardians.
§ Review of case files
§ Review of management report

The case processing standards offer a best practice model from the point at which a referral is received until a case is closed. These standards were created to foster consistency in case-processing, to ensure that practices are just and equitable, and that actions are timely.

Use of the Missouri Juvenile Offender Risk & Needs Assessment and Classification System is not applicable to child abuse and neglect cases.



VII. Dispositions

A. Supervision procedures a. Informal adjustment with supervision – Informal adjustment with supervision cannot exceed a period of six months, unless extended by court order. Informal adjustment may not continue beyond a period of one-year (Rule 113.04).
b. Court adjudication/supervision of delinquency cases – The duration of formal supervision should be based on the child’s risk and needs levels and adjustment under supervision. a. Informal adjustment with supervision - Informal adjustment may or may not include supervision. Informal adjustment with supervision should include a minimum of one face-to-face contact per month with the child or custodian for the duration of the informal adjustment period.
b. Formal supervision - The frequency and type of contact should correspond to the supervision level. c. Treatment contacts - Written guidelines should be in place pertaining to the frequency and nature of contacts that should be made with the child’s treatment providers during the period of supervision.
3. Upon termination of the informal case process, the juvenile officer shall notify the child’s parent, guardian, or legal custodian and, if applicable, the children's division and report such action to the court.

B. Case monitoring
C. Formal case processing in child abuse/neglect cases
D. Case closing
1. Informal adjustment 
E. Specific services
Performance indicators
§ Reduced recidivism.
§ Reduced reports of child maltreatment
§ Reduced length of time children remain in alternative care.
§ Consistent case decisions/recommendations across like cases.
§ Identified areas of service needs are met.
§ Reduced delays in case processing.

Potential measurement methods

§ Analysis of referrals, numbers, and types.
§ Review/comparison of case decisions/recommendations across like cases.
§ Surveys/structured interviews with children,  parents/guardians, care providers, victims, and legal representatives as appropriate.

The disposition standard for delinquency cases puts forth a best practice standard concerned with issues of public safety and the importance of utilizing the least restrictive intervention for the child. Adherence to the supervision level described in this standard is intended to ensure that communities are safer from offenders while habilitation efforts are administered to decrease the likelihood of delinquent behavior by the child.

The disposition standard for child abuse and neglect cases puts forth a best practice standard concerned with issues of child safety, well-being, and timely permanency decision-making whether through the informal or formal case process.




VIII. Detention Facilities and Services

Procedures for use of detention facilities and polices governing the treatment and rights of detained youth shall be in compliance with Rules 111.01 to 111.10. A sufficiently wide range of detention services should be available so that the least restrictive interim option appropriate to the child’s needs and community safety may be selected.

When a detention facility has bedspace available, every effort should be made to accommodate youth regardless of that youth’s county of residence or the court having jurisdiction.

Performance indicators
§ Enhanced availability of detention facilities and services.
§ Increased community safety.
§ Public awareness of availability of detention facilities/services.

Potential measurement methods
§ Record review (relevant to decisions to hold and availability of resources).
§ Analysis of pre-disposition recidivism.
§ Surveys of local citizens.

This standard was created to ensure that there are sufficient resources available to detain youth that present a significant risk and that detention resources are used judiciously. The standard encourages resource sharing among circuits that have detention facilities and services and promotes development and use of less restrictive options when appropriate.

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